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2005 Illinois Code - 225 ILCS 454/      Real Estate License Act of 2000. Article 30 - Schools And Instructors


      (225 ILCS 454/Art. 30 heading)
ARTICLE 30. SCHOOLS AND INSTRUCTORS

    (225 ILCS 454/30‑5)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 30‑5. Licensing of pre‑license schools, school branches, and instructors.
    (a) No person shall operate a pre‑license school or school branch without possessing a valid pre‑license school or school branch license issued by OBRE. No person shall act as a pre‑license instructor at a pre‑license school or school branch without possessing a valid pre‑license instructor license issued by OBRE. Every person who desires to obtain a pre‑license school, school branch, or pre‑license instructor license shall make application to OBRE in writing in form and substance satisfactory to OBRE and pay the required fees prescribed by rule. In addition to any other information required to be contained in the application, every application for an original or renewed license shall include the applicant's Social Security number. OBRE shall issue a pre‑license school, school branch, or pre‑license instructor license to applicants who meet qualification criteria established by rule. OBRE may refuse to issue, suspend, revoke, or otherwise discipline a pre‑license school, school branch, or pre‑license instructor license or may withdraw approval of a course offered by a pre‑license school for good cause. Disciplinary proceedings shall be conducted by the Board in the same manner as other disciplinary proceedings under this Act.
    (b) All pre‑license instructors must teach at least one course within the period of licensure or take an instructor training program approved by OBRE in lieu thereof. A pre‑license instructor may teach at more than one licensed pre‑license school.
    (c) The term of license for pre‑license schools, branches, and instructors shall be 2 years as established by rule.
    (d) OBRE or the Advisory Council may, after notice, cause a pre‑license school to attend an informal conference before the Advisory Council for failure to comply with any requirement for licensure or for failure to comply with any provision of this Act or the rules for the administration of this Act. The Advisory Council shall make a recommendation to the Board as a result of its findings at the conclusion of any such informal conference.
(Source: P.A. 91‑245, eff. 12‑31‑99.)

    (225 ILCS 454/30‑10)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 30‑10. Advisory Council; powers and duties. There is created within OBRE an Advisory Council to be comprised of 7 members appointed by the Governor for 4‑year staggered terms. No member shall serve more than 8 years in a lifetime. Three of the members shall be licensees who are current members of the Board, one member shall be a representative of an Illinois real estate trade organization who is not a member of the Board, one member shall be a representative of a licensed pre‑license school or continuing education school, and one member shall be a representative of an institution of higher education that offers pre‑license and continuing education courses. The Director shall serve as the chairman of the Advisory Council, ex officio, without vote. The Advisory Council shall recommend criteria for the licensing of pre‑license schools, pre‑license instructors, continuing education schools, and continuing education instructors; review applications for these licenses to determine if the applicants meet the qualifications for licensure established in this Act and by rule; approve pre‑license school and continuing education curricula; and make recommendations to the Board regarding rules to be adopted for the administration of the education provisions of this Act.
(Source: P.A. 91‑245, eff. 12‑31‑99.)

    (225 ILCS 454/30‑15)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 30‑15. Licensing of continuing education schools; approval of courses.
    (a) Only continuing education schools in possession of a valid continuing education school license may provide real estate continuing education courses that will satisfy the requirements of this Act. Pre‑license schools licensed to offer pre‑license education courses for salespersons and brokers shall qualify for a continuing education school license upon completion of an application and the submission of the required fee. Every entity that desires to obtain a continuing education school license shall make application to OBRE in writing in forms prescribed by OBRE and pay the fee prescribed by rule. In addition to any other information required to be contained in the application, every application for an original or renewed license shall include the applicant's Social Security number.
    (b) The criteria for a continuing education license shall include the following:
        (1) A sound financial base for establishing,
    
promoting, and delivering the necessary courses. Budget planning for the School's courses should be clearly projected.
        (2) A sufficient number of qualified, licensed
    
instructors as provided by rule.
        (3) Adequate support personnel to assist with
    
administrative matters and technical assistance.
        (4) Maintenance and availability of records of
    
participation for licensees.
        (5) The ability to provide each participant who
    
successfully completes an approved program with a certificate of completion signed by the administrator of a licensed continuing education school on forms provided by OBRE.
        (6) The continuing education school must have a
    
written policy dealing with procedures for the management of grievances and fee refunds.
        (7) The continuing education school shall maintain
    
lesson plans and examinations for each course.
        (8) The continuing education school shall require a
    
70% passing grade for successful completion of any continuing education course.
        (9) The continuing education school shall identify
    
and use instructors who will teach in a planned program. Suggested criteria for instructor selections include:
            (A) appropriate credentials;
            (B) competence as a teacher;
            (C) knowledge of content area; and
            (D) qualification by experience.
    (c) Advertising and promotion of continuing education activities must be carried out in a responsible fashion, clearly showing the educational objectives of the activity, the nature of the audience that may benefit from the activity, the cost of the activity to the participant and the items covered by the cost, the amount of credit that can be earned, and the credentials of the faculty.
    (d) OBRE may or upon request of the Advisory Council shall, after notice, cause a continuing education school to attend an informal conference before the Advisory Council for failure to comply with any requirement for licensure or for failure to comply with any provision of this Act or the rules for the administration of this Act. The Advisory Council shall make a recommendation to the Board as a result of its findings at the conclusion of any such informal conference.
    (e) All continuing education schools shall maintain these minimum criteria and pay the required fee in order to retain their continuing education school license.
    (f) All continuing education schools shall submit, at the time of initial application and with each license renewal, a list of courses with course materials to be offered by the continuing education school. OBRE, however, shall establish a mechanism whereby continuing education schools may apply for and obtain approval for continuing education courses that are submitted after the time of initial application or renewal. OBRE shall provide to each continuing education school a certificate for each approved continuing education course. All continuing education courses shall be valid for the period coinciding with the term of license of the continuing education school. All continuing education schools shall provide a copy of the certificate of the continuing education course within the course materials given to each student or shall display a copy of the certificate of the continuing education course in a conspicuous place at the location of the class.
    (g) Each continuing education school shall provide to OBRE a monthly report in a format determined by OBRE, with information concerning students who successfully completed all approved continuing education courses offered by the continuing education school for the prior month.
    (h) OBRE, upon the recommendation of the Advisory Council, may temporarily suspend a licensed continuing education school's approved courses without hearing and refuse to accept successful completion of or participation in any of these continuing education courses for continuing education credit from that school upon the failure of that continuing education school to comply with the provisions of this Act or the rules for the administration of this Act, until such time as OBRE receives satisfactory assurance of compliance. OBRE shall notify the continuing education school of the noncompliance and may initiate disciplinary proceedings pursuant to this Act. OBRE may refuse to issue, suspend, revoke, or otherwise discipline the license of a continuing education school or may withdraw approval of a continuing education course for good cause. Failure to comply with the requirements of this Section or any other requirements established by rule shall be deemed to be good cause. Disciplinary proceedings shall be conducted by the Board in the same manner as other disciplinary proceedings under this Act.
(Source: P.A. 91‑245, eff. 12‑31‑99.)

    (225 ILCS 454/30‑20)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 30‑20. Fees for continuing education school license; renewal; term. All applications for a continuing education school license shall be accompanied by a nonrefundable application fee in an amount established by rule. All continuing education schools shall be required to submit a renewal application, the required fee as established by rule, and a listing of the courses to be offered during the year to renew their continuing education school licenses. The term for a continuing education school license shall be 2 years and as established by rule. The fees collected under this Article 30 shall be deposited in the Real Estate License Administration Fund and shall be used to defray the cost of administration of the program and per diem of the Advisory Council as determined by the Commissioner.
(Source: P.A. 91‑245, eff. 12‑31‑99.)

    (225 ILCS 454/30‑25)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 30‑25. Licensing of continuing education instructors.
    (a) Only persons approved by the Advisory Council and in possession of a valid continuing education instructor license issued by OBRE may instruct continuing education courses.
    (b) Every person who desires to obtain a continuing education instructor license shall make application to OBRE in writing on forms prescribed by the Office, accompanied by the fee prescribed by rule. In addition to any other information required to be contained in the application, every application for an original or renewed license shall include the applicant's Social Security number. OBRE shall issue a continuing education instructor license to applicants who meet qualification criteria established by this Act or rule.
    (c) OBRE may refuse to issue, suspend, revoke, or otherwise discipline a continuing education instructor for good cause. Disciplinary proceedings shall be conducted by the Board in the same manner as other disciplinary proceedings under this Act. The term of a license for a continuing education instructor shall be 2 years and as established by rule. All Continuing Education Instructors must teach at least one course within the period of licensure or take an instructor training program approved by OBRE in lieu thereof.
(Source: P.A. 91‑245, eff. 12‑31‑99.)

    (225 ILCS 454/30‑30)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 30‑30. Recommendation of rules. The Advisory Council shall recommend to the Board rules that provide for the administration of this Article 30. These rules shall include without limitation the following provisions:
        (1) The rules shall define what constitutes a school
    
or a school branch offering work in subjects relating to real estate transactions that shall include the subjects upon which an applicant is examined in determining fitness to receive a license. The rules shall provide for the establishment of a uniform and reasonable standard of instruction and maintenance to be observed by these schools.
        (2) The rules shall establish minimum criteria to
    
qualify for and maintain a license as a pre‑license school, pre‑license school instructor, continuing education school, and continuing education instructor.
        (3) The rules shall provide for acts and omissions
    
for which the license of a pre‑license school, pre‑license school instructor, continuing education school, or continuing education instructor may be disciplined under this Act.
        (4) The rules shall provide for the term, date of
    
expiration, and renewal process for the licenses of pre‑license schools, pre‑license school instructors, continuing education schools, and continuing education school instructors.
(Source: P.A. 91‑245, eff. 12‑31‑99.)

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